PRIOR PRINTER'S NO. 2793
PRINTER'S NO. 3411
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2160
Session of
2024
INTRODUCED BY SAPPEY, FREEMAN, SMITH-WADE-EL, JAMES AND MOUL,
MARCH 26, 2024
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 26, 2024
AN ACT
Amending the act of June 24, 1931 (P.L.1206, No.331), entitled
"An act concerning townships of the first class; amending,
revising, consolidating, and changing the law relating
thereto," in election of officers and vacancies in office,
further providing for vacancies in general.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 530(a.1) introductory paragraph, (b),
(b.1) and (b.2) of the act of June 24, 1931 (P.L.1206, No.331),
known as The First Class Township Code, are amended to read:
Section 530. Vacancies in General.--* * *
(a.1) [The] Except as provided under subsection (b.2), the
following shall apply:
* * *
(b) [If the board of commissioners of any township shall
refuse, fail, or neglect, or be unable for any reason
whatsoever, to fill a vacancy within thirty (30) days after the
vacancy occurs, then the vacancy board shall fill the vacancy
within fifteen (15) additional days by appointing a registered
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elector of the township or ward in which the vacancy occurs.]
The following apply:
(1) A vacancy board shall be convened to fill a vacancy
within fifteen (15) days if the board of commissioners of a
township, for any reason, fails to fill a vacancy after thirty
(30) days. The board of commissioners may vote to convene the
vacancy board within thirty (30) days of a vacancy if the board
of commissioners is unable, for any reason, to fill the vacancy
and shall provide a justification at a public meeting.
(2) The vacancy board shall consist of the board of
commissioners and one registered elector of the township, who
shall be appointed by the board of commissioners at the board's
first meeting each calendar year or as soon thereafter as
practical.
(3) The registered elector shall act as chairperson of the
vacancy board and shall serve as the chairperson until the
chairperson's successor is appointed. THE CHAIRPERSON OF THE
VACANCY BOARD MAY NOT VOTE FOR THEMSELVES TO FILL A VACANCY IN
ANY OFFICE.
(b.1) [If the] The vacancy board [does not fill the vacancy
within fifteen (15) days, the] chairperson shall, or in the case
of a vacancy in the chairpersonship the remaining members of the
vacancy board shall, petition the court of common pleas to fill
the vacancy by appointing a registered elector of the township
or ward, in which the vacancy occurs[.] if one of the following
occur:
(1) the vacancy board fails to fill the position within
fifteen (15) days; or
(2) the position of vacancy board chairperson is vacant and
the remaining members of the vacancy board provide justification
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for the reason the vacancy board is not able to fill the
position sooner than fifteen (15) days and vote publicly to
disband.
(b.2) [If] Notwithstanding any other subsections in this
section, if there are vacancies in a majority of the offices of
commissioners, the court of common pleas shall fill the
vacancies upon presentation of a petition signed by [not less
than] the remaining commissioners or at least fifteen (15)
registered electors of the township. A resignation that
precludes a majority of commissioners from accepting the
resignation shall create a vacancy on the date specified in the
tendered resignation or, if no date is specified, the second
business day after the day the resignation is tendered, unless
sooner withdrawn in writing.
* * *
Section 2. This act shall take effect in 60 days.
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